Charging User Terms

These Charging User Terms apply when you access or use a Destination Charge electric vehicle charging outlet, QR code, website, payment flow, charging session, account, support service or related system.

In these terms:

• Destination Charge, we, us or our means Destination Charge Limited, a New Zealand business operating Destination Charge in New Zealand.
• you or your means the person who accesses or uses a Destination Charge charging service.
• Site means a property, accommodation provider, parking area, business, host location or other place where a Destination Charge outlet is located.
• Site Partner means the owner, operator, manager or authorised person responsible for a Site.
• Outlet means a Destination Charge enabled outlet, socket, controller, QR code, sign, metering device or related equipment made available for EV charging.
• Session means a charging session started, authorised, monitored, billed or recorded through Destination Charge.

By using a Destination Charge service, you agree to these terms.

1. What Destination Charge provides

Destination Charge provides access to low speed destination charging for electric vehicles at participating Sites.

Destination Charge is designed for circumstances where a vehicle is parked for an extended period, such as overnight or during a longer stay. It is not a fast charging service and should not be relied on where you require a rapid charge, guaranteed range, guaranteed charging speed or guaranteed departure state of charge.

2. New Zealand only

Destination Charge currently operates in New Zealand. These terms are governed by New Zealand law.

3. Your legal rights

Nothing in these terms limits, excludes or modifies any rights or remedies you have under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or any other law that cannot legally be limited, excluded or modified.

Where you acquire services for business purposes, and it is fair and reasonable for the parties to do so, the parties agree that the Consumer Guarantees Act 1993 will not apply to the maximum extent permitted by law.

4. Eligibility to use the service

You may use a Destination Charge service only if:

• you are legally able to enter into these terms;
• you have authority to use the vehicle being charged;
• your vehicle is compatible with the charging equipment and method being used;
• you use compliant, safe and undamaged charging equipment;
• you comply with these terms and all Site rules; and
• you pay all applicable charges.

You must not use a Destination Charge outlet if you are not able to do so safely.

5. Your responsibility for vehicle and equipment compatibility

You are responsible for ensuring that:

• your vehicle can safely use the charging method available at the Site;
• your charging cable, portable EVSE or other equipment is suitable, compliant and undamaged;
• your equipment is appropriate for use in New Zealand;
• your vehicle settings are correctly configured;
• the charging current selected is suitable for the outlet and equipment;
• you do not exceed any stated outlet limit; and
• you follow the vehicle manufacturer's instructions and the charging equipment manufacturer's instructions.

We are not responsible for any loss, damage, failed charging, reduced charging rate or interruption caused by your vehicle, your cable, your portable EVSE, your settings or any incompatible, damaged, modified or non-compliant equipment, except to the extent we are responsible under law.

6. Safe use requirements

You must:

• use the Outlet only for electric vehicle charging;
• follow all instructions displayed at the Site, on the Outlet, in the QR code flow or on our website;
• inspect the Outlet and your charging equipment before use;
• stop using the Outlet immediately if anything appears damaged, unsafe, unusually hot, loose, wet in an unsafe way, sparking, smoking or otherwise abnormal;
• keep cables positioned safely and avoid creating trip hazards or traffic hazards;
• ensure children, pets and unauthorised people do not interfere with the Outlet, cable or vehicle connection;
• not open, modify, bypass, tamper with or interfere with any Outlet, QR code, sign, metering device, lock, enclosure or related equipment;
• not use multi-plugs, double adapters, unsafe extension leads, modified plugs or non-compliant adapters;
• not daisy-chain charging equipment or connect other loads to the Outlet;
• not use the Outlet in a manner that may overload or damage electrical infrastructure;
• comply with all Site parking, access, safety and conduct requirements; and
• report any fault, damage, unsafe condition or failed session to us as soon as reasonably practicable.

If there is an immediate risk to life, injury, fire or serious property damage, contact emergency services first.

7. Charging speed and availability

Charging speed depends on factors outside our control, including:

• outlet type and rating;
• Site electrical capacity;
• vehicle onboard charger limits;
• vehicle battery state, battery temperature and vehicle settings;
• cable or portable EVSE limits;
• safety controls;
• network or telemetry availability;
• Site conditions;
• other electrical loads; and
• interruptions, faults or maintenance.

Any stated charge rate, range added, session duration, charging time or energy estimate is indicative only. We do not guarantee that:

• an Outlet will be available;
• a parking bay will be available;
• a Session will start or continue without interruption;
• a particular charging speed will be achieved;
• a particular amount of energy will be delivered;
• your vehicle will reach a particular state of charge; or
• your vehicle will have a particular range at departure.

8. Site access and parking

Destination Charge outlets are located at third party Sites. Access may depend on Site rules, booking status, opening hours, guest status, parking availability, staff access, weather, safety, maintenance or other operational matters.

You must comply with all Site rules, including any rules about:

• guest or customer access;
• parking location;
• parking duration;
• check-in or registration;
• after-hours access;
• towing or enforcement;
• cable placement;
• noise, conduct and safety; and
• leaving the Site.

A Destination Charge listing, map result, QR code, website statement or prior charging session does not guarantee that you may park at a Site or use an Outlet at any particular time.

Destination Charge is not responsible for parking fines, towing, vehicle access issues, accommodation issues, Site disputes or loss caused by your failure to comply with Site rules.

9. Starting and ending a Session

To start a Session, follow the process shown on the QR code flow, website, app or other Destination Charge interface.

A Session may require payment authorisation before charging starts. Charging may not start if:

• payment authorisation fails;
• the Outlet is unavailable;
• the Outlet or Site is offline;
• your vehicle or cable does not accept charge;
• the Session cannot be verified;
• safety controls prevent charging; or
• another technical or Site issue occurs.

You are responsible for ending your Session correctly. Unless we state otherwise, you remain responsible for charges until the Session is stopped through the Destination Charge system, the vehicle is unplugged, the Outlet stops supplying power, or we otherwise determine that the Session has ended.

If you leave a Session running, remain connected after charging has slowed or stopped, or fail to follow the correct stop process, you may continue to incur applicable time-based or session-based charges, if those charges apply at the relevant Site.

10. Pricing

All prices shown to charging users are in New Zealand dollars and are GST inclusive, unless we clearly state otherwise.

Pricing may include one or more of the following:

• a price per kilowatt hour;
• a time-based fee;
• a session fee;
• a minimum charge;
• an idle, overstay or continued connection fee;
• a payment processing, card or transaction fee, where clearly disclosed and permitted; and
• any other charge shown before or during the charging process.

The pricing that applies to your Session will be the pricing displayed or otherwise made available to you for the relevant Outlet or Site at the time you start or authorise the Session, subject to these terms.

Prices may vary between Sites and may change from time to time. A price shown on a map, search result, marketing page, prior receipt or third party website may not be current unless confirmed in the charging flow at the time of use.

11. Payment

You must pay all applicable charges for your Session.

We use a third party payment provider to process payments. You must comply with any applicable payment provider terms.

We may:

• request payment details before a Session starts;
• place a pre-authorisation or hold on your payment method;
• charge your payment method during or after the Session;
• charge based on final Session data;
• reverse, reduce or adjust a pre-authorisation where appropriate;
• issue a receipt electronically; and
• recover unpaid amounts where lawful.

If payment fails, you remain liable for the amount owing. We may suspend or restrict access to Destination Charge services until unpaid amounts are resolved.

12. Billing calculation

Session charges may be calculated using:

• metered energy data;
• Session start and end times;
• Outlet status data;
• applicable Site pricing;
• payment records;
• system logs; and
• reasonable adjustments where data is incomplete, delayed, inconsistent or unavailable.

We may round energy, time or charges in a reasonable manner. If a meter read, telemetry record or system event is missing or appears incorrect, we may use reasonable evidence to determine or adjust the charge, including Outlet data, vehicle connection data, payment records, Site information and support evidence.

We will not knowingly charge you for energy that we reasonably determine was not supplied to your vehicle. However, time-based, minimum or session charges may still apply where they were disclosed and the service was made available.

13. Refunds and billing adjustments

You may request a refund or billing adjustment by contacting us at support@destinationcharge.com and providing:

• your receipt or transaction reference;
• the Site and Outlet used;
• the date and approximate time of the Session;
• the issue experienced;
• any relevant photos or screenshots; and
• any other information reasonably needed to assess the request.

We may provide a refund, credit or adjustment where we reasonably determine that:

• you were charged incorrectly;
• no charging service was supplied;
• materially less service was supplied than charged for due to an issue within our responsibility;
• a duplicate or mistaken charge occurred;
• a technical fault caused incorrect billing; or
• a refund is required by law.

We are not required to refund charges merely because:

• your vehicle charged more slowly than expected;
• your vehicle stopped accepting charge;
• your battery was full or limited by vehicle settings;
• your cable, portable EVSE or adapter was incompatible or faulty;
• you left the Session running;
• you failed to stop the Session correctly;
• you did not require as much charge as expected;
• you could not access a Site due to Site rules or your own booking or parking issue; or
• you changed your mind,

except to the extent a refund or remedy is required by law.

14. Faults and interruptions

If a charging fault, outage or interruption occurs, stop using the Outlet if it is safe to do so and contact us.

We may remotely stop, suspend, restrict or refuse a Session where we believe it is necessary for safety, security, maintenance, Site requirements, system integrity, payment failure, suspected misuse or legal compliance.

We are not liable for any loss caused by a fault or interruption except to the extent required by law or where the loss is directly caused by our breach of these terms and is reasonably foreseeable.

15. Misuse and prohibited conduct

You must not:

• use a Destination Charge Outlet without authorisation;
• bypass or attempt to bypass payment;
• tamper with QR codes, signs, outlets, meters, controllers or software;
• use another person's account or payment method without authority;
• provide false information;
• interfere with another user's Session;
• damage, remove or obscure Destination Charge equipment or signage;
• use the service for any unlawful purpose;
• attempt to access systems, data or equipment without authority;
• scrape, copy, interfere with or overload our website, app, API or systems;
• use the Outlet for anything other than EV charging; or
• act in a way that creates a safety, security, operational or reputational risk.

If you misuse the service, we may stop your Session, refuse future access, recover losses, notify the Site Partner, notify authorities where appropriate and take any other action available at law.

16. Receipts and records

We may provide receipts electronically. You are responsible for checking receipts and notifying us promptly if you believe there is an error.

We may retain Session and transaction records for business, tax, accounting, support, safety, legal and compliance purposes.

17. Website, QR flow and service information

We take reasonable care to keep our website, QR flow, maps, pricing, availability and Site information accurate and up to date. However, information may be incomplete, delayed, incorrect or unavailable from time to time.

We may update, suspend, withdraw or change any website, QR flow, Outlet, Site listing, pricing, feature or service at any time, subject to any legal obligations we have.

18. Intellectual property

All Destination Charge names, logos, website content, software, QR codes, signs, designs, graphics, text, documents, data formats and other materials are owned by or licensed to Destination Charge.

You may use them only for the purpose of accessing and using Destination Charge services in accordance with these terms. You must not copy, modify, distribute, reproduce, misuse or exploit them without our prior written consent.

19. Liability

To the maximum extent permitted by law:

• we are not liable for indirect, consequential, special or economic loss, loss of profit, loss of opportunity, loss of travel plans, loss of accommodation, loss of business, or loss arising from delay, inconvenience or inability to charge;
• we are not liable for loss caused by your vehicle, your cable, your portable EVSE, your settings, your misuse, your breach of these terms or your failure to follow instructions;
• we are not liable for Site access, parking, towing, accommodation, staff conduct, Site rules or other matters controlled by a Site Partner;
• our liability for any claim connected with a Session is limited to the amount you paid for that Session, except where a higher amount is required by law; and
• our total liability for any other claim connected with the service is limited to the amount you paid to us in the three months before the event giving rise to the claim, except where a higher amount is required by law.

These limits do not apply to the extent they are not permitted by law.

20. Indemnity

You indemnify Destination Charge, its officers, employees, contractors and Site Partners against any loss, cost, damage, claim or expense arising from:

• your misuse of the service;
• your breach of these terms;
• your unsafe, unlawful or negligent conduct;
• your vehicle or charging equipment;
• your failure to comply with Site rules;
• your tampering with or damage to equipment; or
• your unauthorised use of another person's account, vehicle, payment method or information.

This indemnity does not apply to the extent the loss is caused by our negligence, breach of these terms or breach of law.

21. Suspension or refusal of service

We may suspend, restrict or refuse access to the service where we reasonably consider it necessary for:

• safety;
• maintenance;
• Site access or Site Partner requirements;
• payment failure;
• suspected fraud, tampering or misuse;
• breach of these terms;
• legal or regulatory compliance;
• system integrity; or
• protection of users, Sites, equipment or Destination Charge.

22. Privacy

Our collection, use and disclosure of personal information is explained in our Privacy & Data Use Notice, available on our website.

By using the service, you acknowledge that we may collect and use information required to provide, bill, support and secure the service, including charging session, payment and Site information.

23. Complaints and support

For support, billing issues, faults or complaints, contact us:

Destination Charge Limited

Email: support@destinationcharge.com

Phone: [insert phone number]

Address: 4 Ashwood Grove, Omokoroa, BOP 3114, New Zealand

Please include the Site, Outlet, date, approximate time, vehicle, receipt or transaction reference and a clear description of the issue.

We will acknowledge your complaint within 5 working days and aim to resolve it within 20 working days. We will consider complaints in good faith and may ask for further information to assess the issue.

24. Changes to these terms

We may update these terms from time to time. The updated terms will be posted on our website with the updated date.

If a change is material, we will notify affected users by email (where we hold your email address) and display a prominent notice on our website for a reasonable period before the change takes effect.

The terms that apply to a Session are the terms in force at the time you start or authorise that Session, unless a change is required by law or is beneficial to you.

25. Governing law

These terms are governed by New Zealand law. The New Zealand courts have non-exclusive jurisdiction, subject to any rights you have to bring a claim in another forum under applicable law.

Destination Charge Limited · support@destinationcharge.com · 4 Ashwood Grove, Omokoroa, BOP 3114, New Zealand